TrustPower delays strike-out attempt
TrustPower yesterday “put on hold” its earlier application to strike out part of an appeal by the Upland Landscape Protection Society against a proposed $400 million wind farm at Kaiwera Downs, near Gore.
During a preliminary hearing in the Environment Court at Dunedin, TrustPower initially sought to strike out part of a wide-ranging appeal by the society against a consent granted to the energy firm’s wind farm in June.
The Gore District Council and Southland Regional Council are respondents in the case.
A hearing panel announced in June that the proposed wind farm had been granted consent, and said that the positive effects, at a national level, outweighed the negative visual effects.
Appearing for TrustPower, Christian Whata, of Auckland, said early in yesterday’s hearing the protection society’s appeal had gone well beyond its submissions made during the initial consent hearing in March and April.
Broader issues were now being raised which should not be part of an appeal, including a wide-ranging economic argument and property valuation matters involving the wind farm site, he said.
The Resource Management Act hearing process would be undermined if groups could keep their cards “close to their chest” during an initial hearing and then raise much wider issues during a later appeal, he said.
Appearing for the protection society, Ewan Carr said inadequate information provided by TrustPower to the earlier hearing had “irretrievably” damaged the hearing process over the Kaiwera Downs proposal.
Judge Jeff Smith said some of the arguments advanced by TrustPower appeared “very legalistic”, whereas the Resource Management Act required the court to take a broader view.
A large corporate entity appeared to trying to remove some matters from appeal, but the court had to maintain a public and participatory process, he said.
After a discussion among the parties, the protection society was given until October 10 to provide more details to the court and other parties on some of the society’s specific concerns over noise and the amenity and landscape effects of the wind farm.
TrustPower has also been asked to provide more details about proposed wind turbine locations and other aspects of road placement and earthworks, by December 5.
Michael Garbett appeared for the Gore council.
By John Gibb
26 September 2008
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